Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80591 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP Buffalo or a 

designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or their 

designated representative to obtain 

permission to do so. The COTP Buffalo 

or their designated representative may 

be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Buffalo, or their 

designated representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 5:15 p.m. through 6:45 

p.m. on November 25, 2023. 

Dated: November 9, 2023. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2023–25582 Filed 11–17–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0385] 

RIN 1625–AA87 

Security Zone; Helicopter Crash, Read 

Island, AK 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

for all navigable waters within a 2 

nautical miles radius of Read Island, 

AK, centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W, where a 

MH–60 Jayhawk Helicopter crashed 

(CG–6016), early on Tuesday, November 

14, 2023. This security zone is needed 

to protect and preserve the crash site of 

the MH–60 Helicopter wreck. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port, 

Sector Southeast Alaska or a designated 

representative. 

DATES: This rule is effective without 

actual notice from November 20, 2023, 

through January 13, 2024. For the 

purposes of enforcement, actual notice 

will be used from November 14, 2023, 

through November 20, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0385 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email LT Catherine E. Cavender, 

Sector Southeast Alaska Waterways 

Management Division, U.S. Coast 

Guard; telephone 907–463–2846, email 

Catherine.E.Cavender@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

COTP Captain of the Port Sector Southeast 

Alaska 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

NM Nautical Miles 

COTP Captain of the Port 

DNR Alaska Department of Natural 

Resources 

II. Background Information and 

Regulatory History 

On November 14, 2023, a Coast Guard 

MH–60 Jayhawk Helicopter crashed on 

Read Island, AK, while responding to a 

disabled vessel. The MH–60 helicopter 

is still on Read Island and must remain 

in place for the appropriate 

investigations and hazardous materials 

cleanup to take place. The purpose of 

the temporary security zone is to 

facilitate the security and preserve the 

crash site of the MH–60 helicopter. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

immediate action is needed to facilitate 

the ongoing investigation at the crash 

site. Publishing a NRPM is 

impracticable and contrary to public 

interest because the security zone must 

be established as soon as possible to 

enhance public and maritime safety and 

security and to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the security 

zone from potential hazards created by 

the MH–60 Helicopter crash site. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action to restrict 

vessel traffic is needed to protect the 

MH–60 Helicopter crash site, mitigate 

potential maritime threats, and enhance 

maritime safety and security. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70051 and 

70124. The Captain of the Port Sector 

Southeast Alaska (COTP) has 

determined that potential hazards 

associated with ongoing salvage and 

safety investigation measures, will be a 

safety concern for anyone within a 2 

nautical miles radius of Read Island, 

centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the security 

zone from potential hazards created by 

the MH–60 Helicopter crash site. 

IV. Discussion of the Rule 

This rule establishes a security zone 

from 5 p.m. November 14, 2023, until 

11:59 p.m. on January 13, 2024. The 

security zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the hazardous materials 

cleanup at the MH–60 Helicopter crash 

site and the ongoing safety 

investigation. The security zone will 

cover all navigable waters within a 2 

nautical miles radius of Read Island, 

centered at Latitude: 57°06′48.3′′ N, 

Longitude: 133°11′43.4′′ W to conduct 

salvage and gather evidence pursuant to 

the safety investigation. The duration of 

the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

during the hazardous materials cleanup 

and during the safety investigation. No 

vessel or person will be permitted to 

enter the security zone without 

obtaining permission from the COTP or 

a designated representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 


ddrumheller on DSK120RN23PROD with RULES1
80592 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, remote location, 

and 60-day duration of the security 

zone. Vessel traffic will be able to safely 

transit around this security zone which 

would impact a designated area of 

Farragut Bay for 60 days when vessel 

traffic is normally low due to 

deteriorating weather and reduced 

daylight. The surrounding land and 

islands are owned predominantly by the 

United States Forest Service via Tongass 

National Forest and the State of Alaska 

Department of Natural Resources (DNR) 

owns Read Island. The Coast Guard will 

issue a Broadcast Notice to Mariners via 

VHF–FM marine Channel 16 about the 

zone, and local Coast Guard assets 

enforcing the zone would reiterate the 

rule. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Moreover, 

under certain conditions vessels may 

still transit through the security zone 

when permitted by the COTP or a 

designated representative. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the security 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

security zone lasting only 60 days that 

will prohibit entry within a 2 nautical 

miles radius of Read Island, centered at 

Latitude: 57°06′48.3′′ N, Longitude: 

133°11′43.4′′ W, where ongoing salvage 

and safety investigation measures occur. 

It is categorically excluded from further 

review under paragraph L60(d) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T017–0385 to read as 

follows: 

§ 165.T017–0385 Security Zone; Helicopter 

Crash, Read Island, AK. 

(a) Location. The following area is a 

security zone: All navigable waters 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80593 

within a 2 nautical miles radius of Read 

Island, AK, centered at Latitude: 

57°06′48.3′′ N, Longitude: 133°11′43.4′′ 

W. 

(b) Definitions. As used in this 

section, the term designated 

representative means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of U.S. Coast Guard 

Sector Southeast Alaska. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Southeast Alaska (COTP) or 

the COTP’s designated representative. 

(2) Vessels requiring entry into the 

security zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

security zone, contact the COTP or the 

COTP’s representative by telephone at 

(907) 463–2991 or on VHF–FM Channel 

16. 

(3) Persons and vessels permitted to 

enter the security zone must transit at 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

(d) Enforcement period. This section 

will be enforced from 5 p.m. November 

14, 2023, through 11:59 p.m. on January 

13, 2024. 

Darwin A. Jensen, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Southeast Alaska. 

[FR Doc. 2023–25635 Filed 11–17–23; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

Ballot Mail Ancillary Service 

Endorsements 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM®) subsections 

507.1.5.1 and 507.1.5.3, to remove 

Change Service Requested, as an 

ancillary service endorsement option for 

Ballot Mail. 

DATES: Effective date: January 21, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Emily Matyas (202) 826–7157 or Garry 

Rodriguez at (202) 268–7281. 

SUPPLEMENTARY INFORMATION: On 

September 29, 2023, the Postal Service 

published a notice of proposed 

rulemaking (88 FR 67159) to remove 

Change Service Requested, Option 1, as 

an ancillary service endorsement option 

for Ballot Mail. The Postal Service did 

not receive any formal comments. 

The Postal Service is clarifying that 

the notice of proposed rulemaking 

focused on removing ‘‘Change Service 

Requested’’, Option 1 and that Change 

Service Requested, Option 2 was not 

originally included in the Ballot Mail 

Ancillary Service Endorsement Federal 

Register Notice because Change Service 

Requested, Option 2 was never 

associated with any Ballot Mail STIDs. 

Only Change Service Requested, Option 

1 was available for use. However, both 

Change Service Requested Options 1 

and 2 permit all mailpieces that are 

undeliverable-as-addressed to be 

disposed of and it against postal policy 

to dispose of any ballot mailpiece. The 

Postal Service is providing a 

clarification, to avoid any 

misunderstanding, that will state that 

the endorsement ‘‘Change Service 

Requested’’, is not available for Ballot 

Mail. 

Ballot Mail that is undeliverable as 

addressed must be forwarded to the 

voter if a Change of Address notice is on 

file or returned to the election office that 

sent the Ballot Mail. 

We believe this revision will provide 

a more efficient mailing experience. 

The Postal Service adopts the 

described changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401–404, 414, 416, 3001–3018, 3201–3220, 

3401–3406, 3621, 3622, 3626, 3629, 3631– 

3633, 3641, 3681–3685, and 5001. 

■ 2. Revise the Mailing Standards of the 

United States Postal Service, Domestic 

Mail Manual (DMM) as follows: 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

500 Additional Mailing Services 

* * * * * 

507 Mailer Services 

1.0 Treatment of Mail 

* * * * * 

1.5 Treatment for Ancillary Services 

by Class of Mail 

1.5.1 First-Class Mail, USPS Ground 

Advantage—Retail, USPS Ground 

Advantage—Commercial, and Priority 

Mail 

Undeliverable-as-addressed FirstClass Mail (including postcards), USPS 

Ground Advantage—Retail, USPS 

Ground Advantage—Commercial, and 

Priority Mail pieces are treated under 

Exhibit 1.5.1, with these additional 

conditions: 

* * * * * 

e. ‘‘Change Service Requested’’ is not 

permitted for the following: 

[Revise item e by adding a new item 

e4 to read as follows: 

* * * * * 

4. First-Class Mail pieces containing 

Ballot Mail under 703.8.0. 

* * * * * 

Exhibit 1.5.1 Treatment of 

Undeliverable First-Class Mail, USPS 

Ground Advantage—Retail, USPS 

Ground Advantage—Commercial and 

Priority Mail 

Mailer endorsement USPS treatment of 

UAA pieces 

* * * * * 

Change Service Requested.

* * * * * 

Restrictions (for Options 1 and 2).The following restrictions apply: 

[Revise the ‘‘Change Service 

Requested’’ ‘‘Restrictions’’ section by 

adding a new number 3 to read as 

follows:] 

3. This endorsement is not valid for 

Ballot Mail under 703.8.0. 

* * * * * 

1.5.3 USPS Marketing Mail and Parcel 

Select Lightweight 

Undeliverable-as-addressed (UAA) 

USPS Marketing Mail and Parcel Select 

Lightweight pieces are treated as 

described in Exhibit 1.5.3, with these 

additional conditions: 

* * * * * 

[Revise the text of item c to read as 

follows:] 

c. The endorsement ‘‘Change Service 

Requested’’ is not permitted for the 

following: 

1. Pieces containing hazardous 

materials under 601.8.0. Pieces 


ddrumheller on DSK120RN23PROD with RULES1